Archived
I recently got a bank levy on a joint account, some of that money my own. Is there a way to get it back?
John's answer
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Answered on August 20, 2016
It's a little confusing as to whose debt led to the levy of the account and who is the non-debtor whose money may have been taken in the levy. In...
Archived
Can a plaintiff file a motion to strike portions of a defendants demurrer?
John's answer
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Answered on August 20, 2016
This will be part of your opposition, explaining what the cause of action is, confirming the elements, and showing how you pled them and/or that...
Archived
As an officer of the court, can the judge order a lawyer to answer her questions?
John's answer
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Answered on August 20, 2016
If there is a conflict of interest on the other side of the case (potential or actual), they can waive it and have one lawyer. Not your...
Archived
I a breach of owed duty of care a negligent act under CC 1704 ad 1718?
John's answer
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Answered on August 19, 2016
California doesn't have a Civil Code section 1704. There is a jury instruction for defamation that comes up under the number 1704 when looking on...
Archived
Why does my claim of exemption show up as 'denied' after the judge stated she would release only part of the funds to creditor?
John's answer
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Answered on August 19, 2016
A court's docket is sort of a short hand table of contents to a case. So what you are seeing may well not capture the reality of what happened in...
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Archived
Can a bail bondsman take someone's SSI for payment if the bonded has jumped bail ?
John's answer
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Answered on August 19, 2016
Probably not. Based on the very limited information presented.
Archived
In the state of CA., are you able to get a Quit Claim for a residential property and not assume the loan?
John's answer
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Answered on August 19, 2016
It got a little confused about who has the house, owns the house, owes the bank , etc.
So here is some general information:
Someone owns the...
Archived
Is it reasonable to include points and authorities in a complaint in order to make it stronger to discourage anti SLAPPS?
John's answer
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Answered on August 19, 2016
Points and authorities in opposition to an anti SLAPP that has not even been filed do not belong in the complaint. If that will be a drafting aid...
Archived
In the tentative ruling, the judge denied my motion to vacate default judgment and so I requested to present my oral argument.
John's answer
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Answered on August 19, 2016
The judge has 90 days to rule on a submitted matter. The time it is taking may or may not mean anything . And you will never know what that...
Archived
Is my small claims lawsuit legal?
John's answer
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Answered on August 19, 2016
It doesn't sound like you have standing to prosecute the case for damage to your father's car. It's not your car. You may be a witness, but...